Schuette v. Federal Energy Regulatory Commission

Petition for certiorari denied on February 24, 2014

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Docket No. Op. Below Argument Opinion Vote Author Term
13-443 7th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Federal Power Act’s requirements that interstate electric rates be “just and reasonable,” and non-preferential, 16 U.S.C. § 824d(a)–(b), require that charges associated with regional power-grid upgrades be allocated to consumers on a basis proportional with the benefits those consumers will receive from the upgrades (as the D.C. Circuit has held) or instead allow charges to be socialized, such that consumers must pay an equal share for power-grid upgrades that overwhelmingly benefit others (as the Seventh Circuit held here); and (2) whether the Federal Energy Regulatory Commission must conduct an evidentiary hearing under 16 U.S.C. § 824d when utilities and state agencies come forward with admissible evidence creating material questions of fact regarding the costbenefit analysis of new proposed charges associated with regional power-grid upgrades anticipated to cost billions of dollars.

DateProceedings and Orders
Aug 16 2013Application (13A201) to extend the time to file a petition for a writ of certiorari from September 5, 2013 to October 7, 2013, submitted to Justice Kagan.
Aug 22 2013Application (13A201) granted by Justice Kagan extending the time to file until October 7, 2013.
Oct 7 2013Petition for a writ of certiorari filed. (Response due November 8, 2013)
Oct 24 2013Waiver of right of respondent Public Service Commission of Wisconsin to respond filed.
Oct 28 2013Waiver of right of respondent PJM Interconnection, L.L.C. to respond filed.
Oct 29 2013Waiver of right of respondent Illinois Commerce Commission to respond filed.
Oct 30 2013Order extending time to file response to petition to and including December 9, 2013, for all respondents.
Oct 30 2013Waiver of right of respondents FirstEnergy Service Company, et al. to respond filed.
Nov 1 2013Waiver of right of respondent Michigan Public Service Commission to respond filed.
Nov 21 2013Waiver of right of respondent Organization of MISO States, Inc. to respond filed.
Nov 22 2013Order further extending time to file response to petition to and including January 8, 2014.
Jan 3 2014Waiver of right of respondents Madison Gas Electric Company, et al. to respond filed.
Jan 8 2014Brief of respondent Federal Energy Regulatory Commission in opposition filed. VIDED.
Jan 8 2014Brief of respondents Midcontinent Independent System Operator, Inc., and Midwest ISO Transmission Owners in opposition filed. VIDED.
Jan 22 2014DISTRIBUTED for Conference of February 21, 2014.
Jan 22 2014Reply of petitioners Bill Schuette, Attorney General of Michigan, et al. filed. (Distributed)
Feb 7 2014Letter of respondent Federal Energy Regulatory Commission received. (Distributed) VIDED.
Feb 24 2014Petition DENIED.
 
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